# 73

III-4.4200 May 25, 1993

The Honorable Jim Bunning

Member, U.S. House of Representatives
1717 Dixie Highway
Suite 160
Ft. Wright, Kentucky 41011

Dear Congressman Bunning:

This letter is in response to your inquiry on behalf of your

constituent, XXXXXXXXX, concerning the applicability of the
Americans with Disabilities Act ("ADA") to architectural barriers
to access by people with disabilities.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist your constituent in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation or legal advice and it is not binding on the
Department of Justice.

Your constituent, who uses a wheelchair, states that there

are speed bumps at a local shopping center that prevent her from
accessing several stores. XXXXXXXXX inquires into how the ADA
would apply to this situation and requests information on
available remedies.

The Department of Justice's regulation under title III of

the ADA requires existing places of public accommodations, such
as shopping centers, to remove architectural barriers to access
where such removal is readily achievable, i.e., easily
accomplishable and able to be carried out without much difficulty
or expense. The regulation offers examples of barrier removal
including installing ramps, making curb cuts in sidewalks,
altering restrooms, and making other modifications that increase
the accessibility of a facility. Where the placement of speed
bumps within the interior roadways and parking lots of a shopping
center creates an obstacle to access to stores in the shopping
center, altering speed bumps to provide access to individuals
with disabilities may be required where such alterations are
readily achievable. For further information on the removal of
barriers, please see section 36.304 of the enclosed title III
regulation at pages 35597-98 and 35568-71.

The ADA provides for remedies through private litigation as

well as enforcement by the Attorney General. I have enclosed a
list of entities in your State that may aid in the resolution of
ADA complaints. XXXXXXXXX may also file a complaint with the
Department of Justice by writing to the Public Access Section,
Civil Rights Division, P.O. Box 66738, Washington, D.C. 20035-
6738. However, because of the heavy volume of complaints and our
very limited resources, we are not able to investigate each
complaint we receive for purposes of resolving the complaint
informally or bringing litigation.

I hope this information is useful to you in understanding

the requirements of the ADA. You may wish to inform your
constituent that further information is available through our
Americans with Disabilities Act Information Line at (202) 514-
0301.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures